ATMA BIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Sections 307 and 323 IPC and sentenced to RI for six years and one year respectively and no separate sentence has been passed under Section 324 IPC by the 1st Additional Sessions Judge, Gopalganj in S. Tr. No. 6/87/140/91 by a judgment dated 25.11.1995.

(2.) The prosecution case according to Ram Chabila Gond is that on 02.09.1983 when the accused persons were found to be obstructing the passage which was being used by the ladies of the village they being enraged assaulted the injured. The Appellants are said to have assaulted with Bhala whereas the rest of the accused assaulted the other villagers who intervened with lathis.

(3.) The defence of the accused was that the manner of occurrence as described by the prosecution was not correct and in fact the occurrence had taken place in a different manner for which another ferdbeyan has been given which is Exhibit-A. The further evidence was that in fact the prosecution party was the aggressor and the accused had assaulted the prosecution in right of private defence of property.